R v Wheway [2020] NSWDC 25

District Court New South Wales

Medium Neutral Citation: R v Wheway [2020] NSWDC 25 Hearing dates: 28 January 2020 Date of orders: 28 January 2020 Decision date: 28 January 2020 Jurisdiction: Criminal Before: Tupman DCJ Decision: Re Count 3: Term of imprisonment of 9 months Re Count 2: Term of imprisonment of 3 years with a non-parole period of 21 months. Catchwords: CRIME – Sentence – Driving offences – Dangerous driving occasioning death – Causing Bodily Harm by Misconduct – s 52A(1)(c) and s 53 Crimes Act 1900 – Early pleas of guilty 25% discount – Crash on M1 Motorway Mt White – Offender's dashcam footage showed periods of erratic driving leading up to collision including speeding, weaving between lanes to overtake, tailgating – Erratic driving not continual up to point of collision – No alcohol or drugs – No competitive driving – Whyte guideline factors considered – Genuine remorse – Traffic record but not an aggravating factor – Good prospects of rehabilitation – Special circumstances including youth, first time in custody. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Road Rules 2014 Road Transport Act 2013 Cases Cited: R v Jurisic [1998] 45 NSWLR 209 R v Whyte [2002] 55 NSWLR 252 Category: Sentence Parties: Regina (Crown) Dane Wheway (Offender) Representation: Counsel: Mr Darren Robinson (ODPP) Mr Alex Radojev (Offender) Solicitors: Ms Josephine Menzies (ODPP) Ms Trudie Cameron (Offender) File Number(s): 2018/00078282